Legal support provides stability after Paul’s life-changing brain injury

Paul was living in a hostel and looking for work when, in 2017, he was struck by a car while crossing a busy road. The collision changed his life. He suffered multiple injuries, including a serious brain injury, and suddenly needed others to help make decisions about his care and future.

Paul spent more than six months in hospital. His brain injury left him experiencing confusion and memory loss, and he was no longer able to live independently or make important decisions for himself.

He eventually moved into a specialist care home close to where he grew up. His siblings became closely involved in his life, helping to arrange his care and plan for his future.

Knowing that Paul would need long-term support, the family approached a solicitor to pursue a personal injury claim on his behalf. However, after several years with little progress, the firm decided not to continue with the case.

Paul’s brother Martin was close to giving up. He then saw an advert for Consumer Legal Association member firm Express Solicitors and decided to try one more time.

“I just fought for my brother,” Martin said.

The case was taken on by Robin Patey, Principal Partner in Express Solicitors’ Road Traffic Accident team. Establishing responsibility for the collision was difficult. There were no independent witnesses and the driver’s legal team maintained that Paul had moved into the road without giving the driver sufficient opportunity to avoid him.

Express Solicitors gathered the available evidence and prepared the case for trial. Shortly before the hearing, the defendant accepted a degree of responsibility for the collision.

The court subsequently found that Paul had contributed to the accident and assessed his share of responsibility at 20 per cent.

Attention then turned to what Paul would need for the rest of his life. The legal team worked with a range of experts to understand his future care needs, life expectancy and whether he would continue living in specialist accommodation.

The case ultimately concluded with the defendant agreeing to pay damages and costs totalling £750,000, including payments recognising care and assistance provided by Paul’s family.

For Paul and his siblings, the outcome has provided greater certainty about his future.

Paul has been able to remain in the specialist care home where he is settled and close to the area where he grew up. His family have been able to make his room more comfortable and buy equipment to support his day-to-day life.

As Martin put it, the priority is: “Anything to make him happy and give him a good quality of life.”

The settlement has also helped Paul’s siblings continue to be there for him. Martin lives across the country, and the additional financial support means he can stay nearby when visiting rather than making the full journey there and back in a single day.

Paul’s injury cannot be undone, and his family had reached the point where they thought they had exhausted their options.

Specialist legal representation gave them another route forward. For Paul, the result means continuity of care, greater security and the ability to remain somewhere familiar. For his family, it means knowing they can continue to support him and focus on giving him the best quality of life possible.